Report on judicially-led collaboratives to reduce stringent school discipline and referrals of youth to juvenile courts for school-based behaviors. Discusses findings and some lessons learned. (Copyright 2015, released in June 2016.)

Since 2009, more than 12,000 children have been tried as adults in Florida over the last five years -- 98 percent of these children are
"direct filed" in adult court by prosecutors with no hearing, due process, oversight or input from a judge. This policy brief from the James Madison Institute examines the consequences of "direct file" for Florida's youth.

Senate Bill 386 requires the Florida Department of Law Enforcement (FDLE) to automatically
expunge the criminal records of youth after the age of 21 if they are not classified as serious or
habitual offenders and have not been committed to a youth prison. Prior law required the FDLE
to retain these records until the individual reached 24 years of age. Under S.B. 386, youth that
meet certain criteria and who are between 18 and 20 years old, can apply to have their juvenile
record expunged before the automatic expunction. While past law stated that a minor only has 12
months after the successful completion of a prearrest or post arrest diversion program to file for
the expunction of their record, this bill deletes that requirement and allows minors to file after 12 months. Senate Bill 386 was introduced by Senator Nancy Detert and the Fiscal Policy Committee and co-introduced by Senators Soto, Joyner, and Evers. S.B. 386 was signed into law on March 10, 2016.

Data reported by the Florida Department of Juvenile Justice shows that most children tried as adults in Florida are charged with non-violent felony offenses, primarily property and drug crimes, or misdemeanors. Moreover, more than 70 percent of children convicted in adult court are sentenced to probation, not prison, calling into question whether a more serious, adult court transfer was necessary in the first place. These facts are reason for concern and highlight the need for change in Florida’s “direct file” system. -

A fact sheet laying out Florida schools and the disparities black students face regarding school discipline, equality, academic outcomes, and school arrests. As well as possible remedies and recommendations by the Florida Association of school Psychologists.

Currently under Florida's "Direct File Statute," whether or not children are tried as adults lies on one single shoulder: the prosecutor. This report highlights the flaws of this statute; one being that the judge does not have the opportunity to review the case and evaluate whether or not the child should be tried as an adult. This one critical decision, could affect the rest of a child's life.

Florida’s second-largest school district signed a memorandum of understanding with juvenile justice stakeholders to limit law enforcement’s role in school discipline. The parties agreed to virtually eliminate arrests for school-based incidents involving misdemeanor offenses committed by students. Prior to this agreement, Broward County led the state, with 1,062 arrests from its schools in 2011-12, 71 percent of which were for misdemeanor offenses. The agreement ensures that schools limit the involvement of law enforcement officers only to behavior that threatens the physical safety of students and staff. The agreement is embedded in the student code of conduct and a discipline matrix that guides school officials’ responses to student misbehavior. In addition, the agreement establishes a new program that provides a school-based alternative to arrest and suspension, mandates training, and requires the collection and assessment of discipline data. Memorandum of understanding signed November 5, 2013.

The Southern Poverty Law Center reached a settlement with the Polk County School District to ensure that children detained at the county jail have their math and reading skills evaluated upon arrival and receive an appropriate education while detained. The complaint arose after a change in Florida law, driven by Polk County, that allows counties to hold children awaiting adjudication of delinquency charges in county jail instead of a Department of Juvenile Justice (DJJ) facility. County jails are not subject to DJJ standards or oversight. With this settlement, the school district agreed that DJJ educational standards will apply to youth in county jails, regardless of whether they are tried as juveniles or adults. The agreement also states that teachers assigned to the jail must obtain certification to teach special education classes, positive behavioral interventions and supports must be implemented in the classrooms, and the district must retain a transition coordinator to assist students as they return to school and/or transition to adulthood. Settlement agreement signed August 8, 2013.

After the Civil Rights Division of the U.S. Department of Justice investigated a civil rights complaint filed against the Palm Beach County School District in 2011, the district agreed to a settlement with the Department of Justice in 2013 intended to establish an inclusive and fair school discipline policy. Among other things, schools may no longer use law enforcement officers to respond to behavior that could otherwise be appropriately managed under school disciplinary procedures. Schools may only involve law enforcement when required by state law, when necessary to protect the physical safety of students and staff, or to address the criminal conduct of people other than students. The settlement also ensures due process for students before they are excluded from school, establishes discipline procedures that create a positive school climate, supports language accessibility, and mandates the collection and assessment of discipline data. Settlement agreement between the United States of America and the School District of Palm Beach County, signed February 26, 2013.

Feb. 2013 settlement agreement between the U.S. Dept. of Justice and Palm Beach school district, designed to end school disciplinary practices that disproportionately and unfairly affected youth of color and youth with disabilities.

The Florida Legislature expanded the definition of secure detention to include “respite” beds, temporary residential placements for youth accused of domestic violence. As respite beds are less costly than secure detention, this change reduced the overall cost of detention and allowed savings to be shifted in order to provide or contract for respite beds across the state, helping youth accused of domestic violence avoid the trauma of secure detention. H.B. 5401/Act No. 2012-137, signed into law April 20, 2012; effective July 1, 2012.

The final FY 2012-13 Florida budget passed by the legislature and signed by the governor eliminated over 300 juvenile beds and reinvested over $6 million in community-based alternatives. The state continued its move toward privatization, however; the budget included proviso language assuring 100 percent privatization of Florida’s juvenile prison system (excluding detention) by the end of the fiscal year. H.B. 5001/Act No. 2012-118, signed into law April 17, 2012; effective July 1, 2012.

A new law in Florida specifies that sexually exploited youth must be treated as dependent rather than delinquent and that the state must provide such youth with care and services—independent of citizenship—if they are not already receiving comparable services. Services may be accessed voluntarily, as a condition of probation, or through a diversion program. The law also increases fines for soliciting prostitutes from $500 to $5,000, using the fines to fund the creation of secure safe houses with special living quarters for sexually exploited youth; provides sexually exploited youth residing in safe houses with an advocate, responsible for accompanying the youth to all important meetings and court appearances; and authorizes the pursuit of training funds to inform law enforcement officials about child sexual exploitation. H.B. 99/Act No. 2012-105, signed into law April 13, 2012; effective January 1, 2013.

Citing the risks to women and pregnancy and the fact that the vast majority of women who are incarcerated in Florida have committed non-violent offenses, state law now prohibits the use of restraints on a pregnant woman who is incarcerated during labor, delivery, and postpartum recovery. There is an exception for extraordinary circumstances, including substantial risk of flight or injury to medical staff, corrections personnel, or the woman herself. Additionally, the use of restraints is prohibited during the third trimester unless there are documented security risks that require the use of restraints. Any woman who is restrained in violation of the law may file a grievance. All correctional institutions must inform women of the rules upon entry, in the prisoner handbook, and by posting the policies and practices on the walls in visible areas. S.B. 524/Act No. 2012-41, signed into law April 6, 2012; effective July 1, 2012.

Jeffrey Butts of the John Jay College of Criminal Justice points out that the increase in juvenile transfers to adult court is not correlated with the fall in youth violence seen over the past six years.

Based on the success of Miami-Dade’s civil citation program for youth, the Florida Legislature required that other jurisdictions in the state create juvenile civil citation programs or similar diversion programs. Miami-Dade’s model civil citation program offers diversion services for hundreds of youth each year who have committed nonviolent misdemeanors.

Report highlighting positive news stemming from and of interest to budget conscious and public safety-minded states. The publication includes examples of states that reduced their juvenile facility populations and are now not only reaping the rewards of newfound funds that can be directed into more effective community-based services for youth, but are also seeing a better return on their investment in terms of juvenile rehabilitation and public safety.

Finding that “older youth are faced with the need to learn how to support themselves within legal means and overcome the stigma of being delinquent,” the Florida Legislature passed a law making justice-involved youth in the custody of the Department of Children and Family Services eligible for transition-to-adulthood services. The law requires transition services to be part of an overall plan leading to independence and states that an adjudication of delinquency must not on its own disqualify foster youth from receiving services

With some exceptions, Florida courts may no longer commit youth without felony convictions to residential facilities. Exceptions include youth with three or more prior misdemeanor adjudications and youth adjudicated of offenses highly correlated with risk to re-offend. In its reasoning for the law, the legislature cites the high cost of incarceration, the ineffectiveness of incarceration, and the benefits of keeping youth connected with their families and communities.

The Florida Department of Juvenile Justice (DJJ) must adopt rules to ensure the effective provision of health services to youth in facilities or programs operated or contracted by DJJ. The rules must address ordinary medical care, mental health services, substance abuse treatment services, and services to youth with developmental disabilities.

Decision from the Third District Court of Appeal in Florida ruling that juvenile court judges cannot jail foster youth simply in an effort to do what is in their best interest, ending a years-old practice used by authorities in an attempt to protect runaway youth.

The Third District Court of Appeal in Florida ruled that juvenile court judges cannot jail foster youth simply for their best interest, ending a years-old practice used by authorities in an attempt to protect runaway youth. The decision is in line with the federal Juvenile Justice and Delinquency Prevention Act’s prohibition on locking up youth who commit status offenses, such running away. The case involved a 12-year-old girl in foster care who repeatedly ran away from her foster homes and school. The state alleged that incarceration of the girl was necessary in order to secure medical and dental examinations, psycho-educational testing, and a psychiatric evaluation. The court stated that a youth may not be detained simply to permit “administrative access” to the youth, and that detention is only authorized under “strict statutory criteria.”

The Supreme Court of Florida ruled that effective January 1, 2010, the restraint of juveniles in courtrooms is forbidden unless a judge finds that a youth is likely to be violent. The decision describes the indiscriminate shackling of juveniles as “repugnant, degrading, humiliating, and contrary to the stated primary purposes of the juvenile justice system and to the principles of therapeutic justice.”

The Florida Legislature amended its zero tolerance law to allow for more discretion and discourage the overuse of police referrals. The legislation encourages schools to use alternatives to expulsion or referral to law enforcement by using programs such as restitution, civil citation, teen court, or neighborhood restorative justice to address disruptive behavior. The law also states that zero tolerance policies are not intended to “be rigorously applied to petty acts of misconduct and misdemeanors.” Zero tolerance policies must now specifically define criteria for referral to law enforcement, acts that pose a serious threat to school safety, and petty acts of misconduct.

Highlights a new paradigm for status offender services in which at-risk youth and their families are referred to social service programs in their communities, and the juvenile justice system is used only as a last resort. The report offers case studies of successful reforms in Florida, New York, and Connecticut.

This report focuses on the current operationalization of Civil Citation and Teen Court programs as well as establishing guidelines for starting Civil Citation programs in communities that are planning to begin a program.

Press release about public opinions regarding the juvenile justice system in Florida. The main finding of the poll was that about 64 percent of survey respondents either agreed or strongly agreed that even violent juvenile offenders can be rehabilitated.

Report presents research findings on the pathways of girls into the Florida juvenile justice system and identifies their treatment needs. Additionally, it furthers the discussion about an essential set of services and a system of care that meets the multiple needs of girls in the juvenile justice system. The research supports change in the response to girls, both in treatment services and in policy/system changes that are needed to increase success with the girls.

Study assessing the conditions of confinement, needs of youth entering the system, and services received as reported by youth and staff in Florida. It also estimates the number of youth that could safely be placed in a non-secure alternative environment, thus reducing the overall burden on the system. Study answers three primary research questions: (1) What are the profiles of youth in detention (characteristics, conditions of confinement, youth needs and services received, and safety and security)? (2) Are there any significant differences between gender and race/ethnicity regarding conditions (emotional conditions, services received, perceptions of staff)? (3) What are the standards of operation in detention facilities across the state? What are the potential benefits for youth and taxpayers of using research-based alternatives to detention in Florida?

Examination of the emergence of zero tolerance school discipline policies and how these policies have pushed students away from an academic track to a future in the juvenile justice system. Report specifically examines (1) how zero tolerance, a policy originally designed to address the most serious misconduct, morphed into a "take no prisoners" approach to school discipline issues and created a direct track into the juvenile and criminal justice systems; (2) the expanding role of law enforcement measures in schools; (3) the disparate impact of these practices on students of color; and (4) how the track is unfolding in Denver, Chicago, and Palm Beach County.